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Old 12-04-2010, 04:36 PM   #1
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Unhappy NEED SOME LEGAL ADVICE. WAS PULLED OVER TODAY AND GOT REEMED!..:(

Well fellas I really need some help. I was on my way to coffe and cars today and I was pulled over for speeding(75 in a 60). Thats not the problem while I was pulled over the officer noticed my car has a aftermarkt exhaust (Corsa) and he noticed the"rumble" of the cam. He said that was illegal and i was trying ask him and explain that it was a cam in the enigne marking that "rumble".He was pissed of that i disagreed with him and he delayed me even more and then all he said was Ill see u in court. he was rude and diddnt care to hear me out. Im not fighting the speeding but what I am fighting is the citation for "defective equipment loud exhaust" & "defective equiptment modified exhaust [fumes]. I been trying to resaerch laws on exhaust and modified engine in texas but have had no luck.
Anyhelp well be much apreciated!
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Old 12-04-2010, 04:48 PM   #2
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Sounds like a jealous asshole cop to me As long as you have cats and mufflers you're legal. That's what is checked for the state inspection, noise has nothing to do with it.

I've had plenty of cops pull me over to ask what kind of exhaust I have. I tell them headers, high flow cats and deleted the stock mufflers. They've all told me that it sounds awesome. They always give me compliments. Of course I havent revved it to 7000 either in front of them

I have some officers in my neighborhood and family. I'll try to get some specifics on regulations if any. As far as I know he's full of it!

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Old 12-04-2010, 04:50 PM   #3
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From a web site (and an officer of the law): "For a while I was using faulty exhaust as one of my standard OWI-enforcement PCs. And while it never came up in court, I stopped doing it because one of my fellow officers pointed out that I had no way to proving that the exhaust was faulty. I'm not a mechanic, I don't have a decibel-meter showing it's too loud, I'm not going to crawl under the vehicle to take pictures. How can I continue making those stops and help ensure that something will stick in court?

so don't take your car to court when your hearing comes up as for the fumes I'm not to sure about that one. Can you actually see fumes?
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Old 12-04-2010, 05:08 PM   #4
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From a web site (and an officer of the law): "For a while I was using faulty exhaust as one of my standard OWI-enforcement PCs. And while it never came up in court, I stopped doing it because one of my fellow officers pointed out that I had no way to proving that the exhaust was faulty. I'm not a mechanic, I don't have a decibel-meter showing it's too loud, I'm not going to crawl under the vehicle to take pictures. How can I continue making those stops and help ensure that something will stick in court?

so don't take your car to court when your hearing comes up as for the fumes I'm not to sure about that one. Can you actually see fumes?
absolutly no fumes are visible. but every car has fumes comig out the tailpipe. thats called exhaust fumes. that cops was obviously in a bad mood!
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Old 12-04-2010, 05:32 PM   #5
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Originally Posted by moiy1983 View Post
Well fellas I really need some help. I was on my way to coffe and cars today and I was pulled over for speeding(75 in a 60). Thats not the problem while I was pulled over the officer noticed my car has a aftermarkt exhaust (Corsa) and he noticed the"rumble" of the cam. He said that was illegal and i was trying ask him and explain that it was a cam in the enigne marking that "rumble".He was pissed of that i disagreed with him and he delayed me even more and then all he said was Ill see u in court. he was rude and diddnt care to hear me out. Im not fighting the speeding but what I am fighting is the citation for "defective equipment loud exhaust" & "defective equiptment modified exhaust [fumes]. I been trying to resaerch laws on exhaust and modified engine in texas but have had no luck.
Anyhelp well be much apreciated!
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Old 12-04-2010, 06:18 PM   #6
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20.15 Exhaust System. Every motor vehicle shall at all times be equipped with muffler in good working order and in constant operation.
Muffler defined: Muffler is a device consisting of a series of chambers or baffle plates or other mechanical design for the purpose of receiving exhaust gas from an internal combustion engine and/or turbine wheels for the purpose of receiving exhaust gas from a diesel engine, both of which are effective in reducing noise.
The exhaust system includes the manifolds, gaskets, exhaust lines, mufflers, resonators, tailpiping, and supporting hardware.
Motor vehicles cannot be equipped with a muffler which is perforated or which was perforated and has been repaired, either by a muffler repair jacket or by patching or in any other way. In those cases where a muffler is perforated at the time of an inspection or has been perforated and has been repaired previous to the inspection, the muffler must be replaced or the vehicle rejected.
Some pickups are equipped with a camper or hard shell cover and are sometimes used for the transportation of passengers. The tailpipe should discharge the exhaust at the rear or sides. This truck modification will be considered as a passenger compartment.
The entire structure of a motor home-type vehicle is considered a passenger compartment. The cab only of all other truck-type vehicles is considered passenger or luggage compartment.
If the vehicle is equipped with lake pipes or similar devices, such pipes or devices must be securely plated and bolted or capped.
Dual exhaust systems may be modified to single exhaust systems and single exhaust systems to dual exhaust systems, provided the modification does not violate requirements concerning exhaust emission systems.
The catalytic converter will be considered as a part of the exhaust system on all vehicles prior to 1984 year model and will be inspected only visually (if present) for leakage. On 1984 and later model light truck and passenger vehicles, the catalytic converter will be checked for presence and leakage. Flexible tubing which meets the requirements listed below may be used anywhere in the exhaust system.
NOTE: Inspection of exhaust systems covers the discharge of exhaust fumes and is not concerned with the noise level.
1. Inspection Procedure. The exhaust system shall be examined visually while the engine is running to determine efficiency of the system.
2. Inspect for and reject if:
a. Vehicle is not equipped with a muffler.
b. Any joint is loose or leaking, including manifolds. Does not include minor leakage at exhaust control valve (manifold damper or heat riser valve).
c. Manifold is cracked or broken causing leakage.
d. Holes, leaking seams, or patches on the muffler, resonators, exhaust pipe, tailpipe, or catalytic converter.
e. Exhaust system is not secured to the vehicle by mounting brackets designed for exhaust systems (wire is not acceptable).
f. Any brackets are loose, broken, or missing.
g. There is excessive vibration of exhaust line.
h. Any part of the exhaust system passes through the passenger compartment.
i. The tailpipe is broken, pinched, or eroded off to the extent to allow exhaust fumes to penetrate into the interior of the passenger compartment.
j. The tailpipe fails to discharge exhaust from the rear or sides or top of the passenger compartment of the vehicle.
NOTE: Holes in the exhaust system made by the manufacturer for drainage are not cause for rejection. The tailpipe must direct the exhaust fumes out from under the passenger compartment.
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Old 12-04-2010, 06:39 PM   #7
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Sorry to hear about the problem. In regards to the noise (Houston Noise ordinance):

Sec. 30-4. Noisy vehicles generally.
The use of any automobile, motorcycle, or other vehicle so out of repair, so loaded, or in such a manner so as to create loud and unreasonable grating, grinding, rattling or any other loud and unreasonable sound is hereby prohibited and declared to be unlawful.
(Ord. No. 93-77, § 2, 1-20-93)


The problem with this law is that there is not an exact limit of how loud the exhaust can be before you are 'breaking the law'. Therefore, it is up to the officer's discretion.

You're not alone in disagreeing with the law. Apparently, there is a petition to have the law changed so that "loud and unreasonable sound" is more defined.
http://www.thepetitionsite.com/1/houstonnoiseordinance/

Last edited by LoneStar; 12-04-2010 at 08:07 PM.
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Old 12-04-2010, 08:06 PM   #8
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Looks like you got all the angles covered with that write-up from the state inspection book. Take that info with you to court. The noise level is not checked. As far as the noise ordinance, the cop didnt do a decibel check so he has no ground to stand on. It's all a matter of opinion on the noise.

Just sounds like you ran into a rookie cop who used to get his ass whooped and his lunch money taken from him when he was a kid Now since he has a badge and a gun he thinks he's the shit
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Old 12-04-2010, 08:58 PM   #9
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Another thing that played againts me was getting pulled over by a bridge so it had a bit of an echo
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Old 12-04-2010, 09:39 PM   #10
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Harley owners and other bikers catch flak for their bikes being loud all the time! It is a bunch of crap! It should not be subjective! I mean, they wouldn't be like "It LOOKS like you were going over the speed limit" No, they have a precise measuring device to determine it. So they shouldn't be able to say "It SOUNDS like your exhaust is too loud without measuring it!" Good luck!!
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Old 12-04-2010, 11:01 PM   #11
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Harley owners and other bikers catch flak for their bikes being loud all the time! It is a bunch of crap! It should not be subjective! I mean, they wouldn't be like "It LOOKS like you were going over the speed limit" No, they have a precise measuring device to determine it. So they shouldn't be able to say "It SOUNDS like your exhaust is too loud without measuring it!" Good luck!!
.

I never catch flak about my exhaust, but you can use motorcycle exhaust against the citation (why not, cyclysts used motorcycles to push for bycycle lanes in san antonio) I have never seen nor heard of anyone getting a citation for noise or fumes here in Texas. Sorry to hear about your cop problem.....Most are doing thier jobs and this should not reflect on the good ones, there are a few here in the San Antonio Camaro club. Lou
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Old 12-05-2010, 10:26 AM   #12
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The first thing I always do is shut the car off. What he isn't hearing he isn't writing up. Take it to court and you'll lose. The Houston ordinance is vague and gives the officer total discretion as to what he feels is loud or not.
Did you happen to keep calling him Roscoe or Sheriff Coltrain? I don't see many cops that pull something like that out when they're writing you up.
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Old 12-05-2010, 10:42 AM   #13
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The first thing I always do is shut the car off. What he isn't hearing he isn't writing up. [/I]
The bad thing is we know this from experience! :(
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Old 12-05-2010, 10:55 AM   #14
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Some good points here I also read on a web site about the pitch changing. Reminds me of sitting in the media room at home. I turn the surround sound on and the wife tells me to turn the volume down "it's to loud"? Something can sound noisy by pitch or where you are in relationship to the nose....so that was used as a defense also. If you could find an article addressing this issue you could introduce it as the good ol "Exhibit A" your honor.
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Old 12-05-2010, 01:06 PM   #15
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Well I hired a lawer to represnt me. the court date will more than likly be reset and i will defintly keep everyone up to date! Thanks again for all the support!
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Old 12-05-2010, 02:44 PM   #16
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Man all I can say is as a combat vet, gun owner, Harley riding biker, my hearing is pretty shot! How ever I have extremely short straight pipes on my Harley and never had anything but compliments! Cops are usually very respectful and cool! Even had a cop pull me over once to thank me for my service and "look over" my bike before complimenting it too. The bike is VERY loud and I think the loudness may keep me from being hit by a texting teen or drunk, it's very startling. Loud pipes save lives! I'd advise your attorney to go with that defense, you can tell him Z28RockStar endorses the use of it!


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Old 12-05-2010, 02:47 PM   #17
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Old 12-05-2010, 04:28 PM   #18
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As police officer here in massachusetts i can pretty much say he was in a very bad mood or you pissed him off.

But if texas state law is the same as massachusetts his citation is legal.

Dont get me wrong im NOT defending his citation, because that is just complete overkill.

But in Massachusetts 90-7 states any modification to factory exhaust is illegal. Its a $35 fine here and not many cops that i know write this,,,,

Ive heard the excuse "its states 50 state legal" they are correct but only for inspection emissons standards.

Massachusetts vehicle laws suck here.....its illegal to modify any exhaust....Aftermarket lighting is 100% illegal....no changing to hids or changing bulb colors.....its illegal to change suspension more than 2" bumper height here too......All these laws are basically ignored unless some one does something to piss you off....or the cop was in very bad mood as quite possible your officer was.

Appeal the citation.....ask the officer for his deciable readings of the exhaust note....ask him for the pictures of the part that made it defective..and when he states he doesnt have them...pull out your pictures of under the car showing that you have both cats and all mufflers and that there are no holes or cracks and is in working condition. You will get that cite wiped right off...Good luck
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Old 12-05-2010, 08:40 PM   #19
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But if texas state law is the same as massachusetts his citation is legal.

Appeal the citation.....ask the officer for his deciable readings of the exhaust note....ask him for the pictures of the part that made it defective..and when he states he doesnt have them...pull out your pictures of under the car showing that you have both cats and all mufflers and that there are no holes or cracks and is in working condition. You will get that cite wiped right off...Good luck
What people aren't understanding here is it isn't a state law. It's a local ordinance. If it is written like the one was here in Killeen, there is no decibel reading required of the officer, and it leaves it totally up to Roscoe P. as to what they feel is excessive noise.
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Old 12-07-2010, 12:38 AM   #20
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CODE OF ORDINANCES City of HOUSTON, TEXAS Codified through Ord. No. 97-1394, adopted November 5, 1997. (Supplement No. 38, Update 5)
CODE OF ORDINANCES


Sec. 30-5. Amplified sound from motor vehicle.

The production or reproduction of sound from amplification equipment contained in or mounted on a motor vehicle that produces sound in excess of the limits set forth in section 30-2, when measured at or near fifteen (15) feet from the nearest external point on the vehicle, is hereby prohibited and declared to be unlawful as a sound nuisance in violation of this chapter, except as permitted by section 30-9.


Sec. 30-2. Maximum permissible sound levels.

No person shall conduct, permit or allow any activity or sound source to produce a sound that is discernible beyond the property lines of the property on which the sound is being received that when measured as provided in section 30-8 of this Code exceeds the applicable dB(A) level listed below for the property on which the sound is received:

(1) Residential property:

a. Sixty-five (65) dB(A) during daytime hours.

b. Fifty-eight (58) dB(A) during nighttime hours.

(2) Nonresidential property:Sixty-eight (68) dB(A) during either daytime or nighttime hours.
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Old 12-07-2010, 09:09 AM   #21
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As I understand it, "Amplified sound from motor vehicle," refers to aftermarket stereo systems.

And just FYI, 68 dB is an absurd number. I know that's what it says in the ordinance, but that's just rediculous. Ten people standing around having conversations produces more than 68 dB of sound. So, according to this code, every one of those individuals should be fined because they're breaking the sound ordinance. Complete and total BS.
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Old 12-07-2010, 12:04 PM   #22
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moiy1983, take the above mentioned ordinances to your Lawyer.....if need be, find someone that has the CERTIFIED equipment to take decible readings. you were clearly in a non-residential area. step back the required distance, and take the readings. VIDEO the entire thing with no editing. if ya pass...bring the EVIDENCE with you, plus a certified copy of the certifications of the machine that took the readings, and the person that actually took them as a witness.
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Old 12-07-2010, 05:22 PM   #23
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Good advice Nuke. Then go see the LEO in court. Be sure to take a pic of your current inspection sticker.
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Old 12-07-2010, 09:08 PM   #24
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thanks sir nuke that should be very helpfull. i knew i could count on you guys!....
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Old 12-07-2010, 09:12 PM   #25
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Quote:
Originally Posted by moiy1983 View Post
Well fellas I really need some help. I was on my way to coffe and cars today and I was pulled over for speeding(75 in a 60). Thats not the problem while I was pulled over the officer noticed my car has a aftermarkt exhaust (Corsa) and he noticed the"rumble" of the cam. He said that was illegal and i was trying ask him and explain that it was a cam in the enigne marking that "rumble".He was pissed of that i disagreed with him and he delayed me even more and then all he said was Ill see u in court. he was rude and diddnt care to hear me out. Im not fighting the speeding but what I am fighting is the citation for "defective equipment loud exhaust" & "defective equiptment modified exhaust [fumes]. I been trying to resaerch laws on exhaust and modified engine in texas but have had no luck.
Anyhelp well be much apreciated!
You should take the car to a local State-approved inspection site and get an inspection dated as soon as possible to the date of the ticket.

At least...that's what I'd do. And if you can convince the mechanic to make a note on the legality of your modifications, I'm sure that would help. Bringing documentation of what you've modified may help, too.
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